首先，美国雇主需向移民局提出"雇用外地人员工"的申请。
这个过程中需要的材料分为两个部分：一：美国雇主1. 非移民雇员申请表I-129/I-129W；2. H类补充表格；3. 公司简介：美国雇主所从事的行业、公司成立日期、员工人数、联邦报税号码、近一年的生意总额等；4. 雇佣合约：雇主与申请人之间的雇佣合约，包括工作性质、工作职责、工作时间、工资、福利及合约有效期等；5. 专业性工作证明：证明雇主所提供的工作是属于专业性工作，该工作必须由具有专业水平的人士来任职；6. 支付工作能力证明：证明雇主有支付工资的能力，例如：报税单、银行月结单、财务会计报表等。
二：申请人1. 正面免冠照片；2. 个人履历表（Resume）；3. 个性简介（Personal Profile）；4. 工作经历证明：应包括过去的每一份工作的公司名称、地址、日期、职务、工作性质以及经验等；5. 学历证明：应包括小学至大学不同学校的名称以及结业日期，学位证书以及毕业文凭；6. 有关个人专业成就的文章、报导、荣誉及奖励证书、专业执照及专业水平证明等。
如申请成功，申请人将会获得移民局批准通知书I-797，这时即可申请赴美签证。
注：如申请人在美国以外的地区受教育，通常移民局可能会要求其学历证明证及工作证明文件，并需经过美国评估机构或美国大学来评估。
H1B Visa Application Process- H1B Regular ProcessingH1B visa applications can be filed by US employers one of 2 methods:- H1B Regular Processing, or- H1B Premium ProcessingThe difference is that H1B Premium Processing is a faster method to obtain an H1B visa. However, the US Government does charge an extra fee of $1,225 for Premium Processing (to expedite the application processing in as little as 15 days).Regular Processing is a more cost-effective method but i t takes longer. There is no set timeframe for a visa to be processed by the USCIS when filed through Regular Processing(it can take anywhere from 1 month to 6 m onths)Below is an outline for the Regular H1B visa Processing methodH1B Visa - ' Regular' Application Process:1. Offer & Acceptance of H1B Employment - H1B Sponsoring Company files a petition on your behalf.An employer can be an individual, partnership or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa peti t ion. The visa is only valid for work wi t h the employer that filed the original petition. The USCIS requires employment letters which provide:» Specific information addressing the positions held» The exact duties of the position» The exact dates of employment» Information regarding the supervisors and co-workers of the beneficiary.2. The 'Prevailing Wage' and actual wage must be determined and compared. The H1B sponsoring company is required to pay the higher of the two.The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience.3. File the Labor Certification Application (LCA).This is a form that contains information about the H1B Sponsoring Company. By completing and signing the form, the sponsor company is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined that H1B sponsor companies must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.4. When the LCA is approved, the Department of Labor (DOL) will return a certified copy to the H1B sponsoring company.5. The sponsor company must post notices at two conspicuous places at their business of the H1B visa filing for 10 days or provide notice of the filing to the collective bargaining representative for their employees.The LCA form can be used for the actual posting as well. After the Department of Labor accepts the LCA, then your employer can file your H1B visa petition.6. H1B Petition assembled & filed with appropriate USCIS Service office.The filing must include the required forms, fees, documents and information; form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.7. Wait for the H1B peti tion to be processed.Processing times vary depending upon service center and the visa. It could be a few months wait. If the H1B employer can show a substantial need for the employee, USCIS might approve the petition sooner. Employment cannot begin, however, until USCIS has issued the appropriate visa.8. Receipt issued by USCISThe petitioner (sponsoring company) is sent a receipt by the USCIS Service Centre which bears a 9 digit reference number pertaining only to that particular case, H1B processing times and general in formation about the petitioner and foreign worker. This is the petitioner’s first confirmation that the petition is in the adjudicating queue.9. A notice is generated by the prospective employer and mailed to the applicant notifying him/her of this receipt and outlining information on processing times etc. The notice should warn the consultant not to resign from current employment, sell accommodation or make any major life changes until it is communicated that the H1B visa petition has been approved.10. Peti tion ApprovalGenerally a case will be approved within or on the designated time frame outlined in the USCIS receipt. An approval notice (Form I-797) is issued to the petitioner. The Form I-797 shows dates of validity for the foreign worker to work in H1B status for the petitioner .~ The H1B visa beneficiary then applies for personal and family visas at the Consulate.~ Normally, people apply to the Consulate that is closest to where they live.~ Visa processing normally takes 2-3 days, depending on the Consulate.Once the passports are returned with valid H1B visa stamp, the Consultant and his/her family may enter the U.S. in ‘H’ status.。
